hit the boer

Gallo

“Hit the boer” song before Constitutional Court over question of racism

Legally speaking, can you be fired for singing “hit the boer”?

hit the boer

Gallo

After a long battle in various courts, the issue over workers being fired for singing a song with the words “hit the boer”, the Constitutional Court finally heard the case on Thursday.

With a massive precedent and jobs on the line, the court’s decision will cause huge talk in SA, one way or the other.

According to Duncanmec, a Johannesburg company manufacturing refuse-handling equipment, the court should rule that the song is racist and enough to justify dismissal, unless there are exceptional circumstances.

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Duncanmec fired eight employees back in 2013 after they embarked on an unprotected strike over issues around overtime.

The workers were not dismissed for going on an unprotected strike but rather the fact that they sung an isiZulu struggle song. When the song is translated into English, it mentions violence against Afrikaners.

“Climb on top of the roof and tell them that my mother is rejoicing when we hit the boer”.

The workers went on to challenge their dismissal at the Metal and Engineering Industries Bargaining Council. In 2014, an arbitrator found that their dismissal was unfair and ordered their reinstatements together with three months pay.

The workers believed they were entitled to their full 12 months pay-back.

Duncanmec sought to continue the fight and the Labour Court eventually dismissed Duncanmec’s application to review the decision taken by the arbitrator.

According to the Labour Court, it was reasonable to conclude that the song was a popular struggle song and it would be unfair to dismiss the employees.

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The Labour Appeal Court also rejected Duncanmec’s appeal, leading the company to approach the constitutional court.

Duncanmec’s legal representative, Sean Snyman, told the court on Thursday that the singing of such a song should not be justified this many years after apartheid.

“Dismissal should follow unless exceptional circumstances exist. In this case‚ exceptional circumstances do not exist‚” Snyman said.

Deputy Chief Justice Raymond Zondo asked Snyman if the company had made it clear in its disciplinary code that the singing of such songs would be regarded as misconduct.

Snyman responded that there was “no need” to write everything down.

The court has now reserved judgment.